How Much Time Do I Have To File A Personal Injury Claim?
In each state across the U.S., there are time limits placed on lawsuits. These time limits are commonly referred to as a ‘statue of limitations’, and they can vary depending upon the type of case you are filing. In New York, personal injury cases have a statute of limitations which provides the injured victim with 3 full years from the date of their injury to file a lawsuit.
New York Laws On Shared Fault In Personal Injury Cases
At times when you file a personal injury claim, the other person or business being sued may allege that you are also partially liable for the injuries that you sustained. If these allegations can be proven, it can impact the amount of compensation you are able to receive. These types of cases are termed shared fault injury cases.
In New York, when dealing with any shared fault injury cases, we follow a “pure comparative negligence rule.” This rule simply means that when the court determines the accident is a certain percentage your fault, that percentage of payment will be deducted from your overall compensation. For example, if you are found to be 25% at fault for the injuries you sustained, you will receive 25% less money.
If your claim is against a person or company that is out-of-state, things may be evaluated differently, and you are free to negotiate what impact this rule should have on your individual claim.
Personal Injury Claims Against New York Government
If your personal injury was caused by a governmental agency or employee, either at the local or state level, there are different rules involved. To get compensated for these injuries, you will need to file a formal claim with the agency itself, and also allow time for them to respond. Some additional laws that are important to note in this instance are:
- (N.Y. Gen. Mun. Laws Sec. 50-e.) This states that you have 90 days to file a formal complaint against a city in NY, and 1 year to file a lawsuit.
- (N.Y. County Law Sec. 52.) This states that you have 90 days to file a formal complaint against a county in NY, and 1 year to file a lawsuit.
- (N.Y. Court of Claims Act Sec. 10.) This states that you have 90 days to file or provide notice of intent to file a complaint against the state of NY. Notice is accepted if you have specific reasons that you have not been able to arrive at a final claim figure, for example, if you are still receiving medical treatment for the injuries you have sustained.
How Much Compensation Can I Expect?
Compensation received varies greatly with each individual claim filed. The major factors considered which directly relate to the amount you get back, however, are:
- Extent and type of injuries sustained
- Amount of medical expenses incurred (including future treatments)
- Amount of income lost due to injuries (including future income)
- Overall level of pain and suffering experienced
- Potential for shared fault
Will I Have To Go To Court?
Frequently, victims in personal injury cases are not required to go to court. If attorneys are able to successfully reach a settlement agreement, court becomes unnecessary. If court seems necessary, however, victims filing claims can be asked to speak in court, and will be fully counseled on this procedure by the attorneys representing them.
Insurance Companies: What You Should Know
All insurance companies have similar goals. Even if they are the insurance company of the victim, their goal is to settle things with as little monetary payout as possible. They make up a $1.2 trillion industry, and often cause the claims process to become increasingly difficult.
You may find that insurance companies contact you quickly after a personal injury accident, and push you to make decisions that you aren’t ready to make. Many of their questions regarding your claim have been thought through for years and perfected. They can be purposefully misleading or vague.
Because it can be difficult to backtrack after agreeing to things with an insurance company, it is generally recommended that you do not answer questions or provide a statement. These comments can be recorded and the information in them can be used against you, without you ever knowing that you have said anything harmful.
You do not have to be intimidated by these large companies, and you are not required to give them a statement. Taking the time to explore all of your options before talking with an insurance company can be very rewarding.
Personal Injuries: Common Categories
Injuries are unforeseen, and can happen in the blink of an eye. They are never planned or prepared for, and dealing with their aftermath can be very overwhelming. Although they might only last a few seconds, accidents can cause lasting damage, and these brief incidents can effectively change your entire life.
You do not have to deal with these difficulties alone. You deserve more.
At Lipsig Law Firm, we handle a broad variety of personal injury cases, and we have the experience necessary to get you the support and compensation that is rightfully yours. Our personal injury case experience includes:
- Premises Liability
- Wrongful Death
- Truck and Bus Accidents
- Brain Injuries
- Building and Elevator Accidents
- Lead Poisoning
- Burn Injuries
- Dog Attacks
- Police Brutality
- Negligent Security
- Pedestrian Accidents
- Sexual Assault
Latest Personal Injury News
By Tom Moverman
January 29, 2018 – Bronx Mother Sues Department Of Education Over Extreme Bullying
The mother of two Bronx students has filed a notice of claim against the Department of Education, alleging that the department has failed to keep her sons safe from bullying which has resulted in severe physical injuries.
The woman claims that in 2016, her 9-year-old son came home with a severely swollen black eye, and that school officials told her it was the result of an accident with another student. She says her 6-year-old son also came home one day with a sprained elbow.According to the woman and her lawyer, there were other bullying incidents and the Department of Education failed to take her complaints seriously.
The family is seeking $5.5 million in damages for the alleged prolonged bullying.
December 27, 2017 – Bronx Couple Severely Injured After Being Struck By Tractor Trailer
A Bronx couple suffered critical injuries in an accident on the side of I-95 on December 13. Alwin Martinez’s car broke down as he was traveling home from Connecticut to the Bronx. His girlfriend Yesenia Camacho drove out to help him jump the vehicle at around 1 a.m. when a big rig slammed into her Toyota. The vehicle immediately became engulfed in flames.
Martinez’s legs were so badly mangled that they had to be amputated from the knees down. Doctors may also have to amputate Camacho’s severely damaged right leg.
The driver of the big rig remained at the scene, and no criminal charges have been filed. The family has started a GoFundMe account for their expenses. State police are currently investigating the accident, and there have been reports that the truck driver was speeding.
The couple has not yet filed a lawsuit, but their lawyer has said it remains an option.
November 1, 2017 – 5-Year-Old Girl Struck By Vehicle And Critically Injured In The Bronx
A 5-year-old girl was critically injured after being struck by a vehicle in the Bronx last Thursday. The accident happened around 3 p.m. on Sedgwick Avenue. The girl had just exited a minivan and was attempting to run across the street when she was hit by a southbound Ford Explorer.
She was rushed to Columbia Hospital in pediatric arrest and listed in critical condition. Another unidentified person was also transported to the hospital from the same location and listed in serious condition.
The driver remained at the scene and no charges or arrests have been made.
October 23, 2017 – Bronx Man Severely Injured After Cinder Block Crashes Through MTA Bus
A 19-year-old Bronx man was seriously injured after a cinderblock inexplicably crashed through the roof of an MTA bus on Monday, October 23rd. The block sent shards of sheet metal into the man’s leg, which required stitches. The victim and police both expressed that he was lucky to be alive, as the bus could have easily killed him if it landed just a bit closer.
The NYPD is currently looking through surveillance video in an attempt to determine if the incident was intentional and who might be responsible. The accident happened at 9:00 at night, which means it was highly unlikely anyone was working from above.
September 7, 2017- Man Killed By A Hit-And-Run Driver On Hutchinson River Parkway
On September 4, 2017, a man was struck and killed by a hit-and-run driver in a New York City neighborhood.The man was hit as he was trying to cross a parkway, by a driver of a white SUV going north on the Hutchinson River Parkway in the Bronx. According to authorities, the SUV drove off without stopping and police were still searching for the driver on Tuesday, September 5, 2017. The unidentified pedestrian was transported to a nearby hospital where he was pronounced dead on arrival.
August 4, 2017- Woman In Critical Condition After Accident On Union Avenue
A woman is said to be in critical condition after she was sent to Lincoln Hospital following an accident on Union Avenue in the Bronx. According to officials, the accident took place in the evening when the woman crashed into another man’s car on Wednesday, August 2, 2017. She is believed to have been having a seizure when she crashed. Both cars stopped against a column under a train overpass. Witnesses reported that the man in the other vehicle was furious after the accident occurred.
July 7, 2017- Motorcyclist Dies On Williamsburg Bridge In Possible Speed-Related Crash
A 24-year-old Bronx motorcyclist recently died on Williamsburg Bridge. The biker is reported to have been speeding across the bridge and ended up hitting a lane separator. The accident pushed him under the wheels of a passing SUV that could not stop in time. According to witnesses, the motorcyclist appeared to have been racing another motorcyclist when he struck the lane separator. The Bronx biker was rushed to Woodhull Hospital where he was pronounced dead.
June 2, 2017- Pedestrian Killed In A Hit-And-Run Accident On Cross Bronx Expressway
A man was struck while walking along the Cross Bronx Expressway in the early hours of the morning in a hit-and-run accident. According to authorities, the driver did not stay at the scene of the accident and police are subsequently looking for the person responsible for the accident. Police responded to a phone call of a pedestrian on the expressway where they found the man unresponsive. Police were not able to identify the man as he had been mangled by an unknown number of other vehicles that had run over him after his initial accident. Not one driver stopped after hitting the man on the expressway.
May 5, 2017- Uneven Bumpy Road Leads To Crash That Killed A 3-Year-Old Girl
A three-year-old girl died in a car crash that was caused by the conditions on a Bronx street. According to police reports road conditions may have contributed to the crash when the 2010 Chevrolet Malibu the family was traveling in swerved in an effort to avoid a raised metal sewer cap. The sewer cap was on a stretch of Bruckner Boulevard where the road had been freshly milled and was uneven and bumpy. The four people in the car were rushed to Lincoln Medical Center where the three-year-old was pronounced dead shortly after arrival.
April 6, 2017- George Washington Bridge Accident Caused By Drunk Driver
A truck driver slammed into a Toyota leaving the car crushed and mangled and the driver dead. The other two occupants were taken to NYC Health and Hospitals/Harlem in critical condition. Fortunately, they are expected to recover. The 23-year-old semi-trailer truck driver reportedly fled the scene of the accident after he slammed into the Toyota. Officers tracked down the truck driver and he smelled of alcohol. He took a Breathalyzer test which confirmed he was legally drunk. His truck also had clear evidence of a front-end collision. The truck driver is facing several charges that include driving under the influence of alcohol.
March 10, 2017- Bronx Woman Looking To Sue NYPD For Hit-And-Run Cover-Up
A Bronx woman intends to sue the city for $150 million. The woman alleges that the cops “covered up” a hit-and-run accident that left her with serious injuries.The 21-year-old woman filed a notice of claim with the city controller’s office, stating that the police knowingly issued a false accident report regarding an incident that took place on W. Fordham Road on December 17. Video surveillance of the crash shows a white minivan crashing into the woman as she stood on a double-yellow line waiting to cross. The crash caused her to roll down a snowy road. She states that at least three people saw the crash, but the police report does not note any witnesses. For more details about the alleged cover-up click here.
February 28, 2017- NYPD Officer Killed In Bronx Fiery Car Crash
Earlier this month a 2012 Dodge Charger driving from City Island, flipped over at a traffic circle and caught fire. The fiery wreckage engulfed a 32-year-old off-duty sergeant and another 27-year-old officer who worked out of the 9th precinct. Two other off-duty police officers who were coming from their shift at the Rodman’s Neck NYPD training facility were nearby and quickly helped their fellow officers. The 27-year-old officer died at the scene of the accident and the 32-year-old officer suffered severe burns on his legs and was taken to Jacobi Hospital in critical condition.
January 4, 2017- Driver Crashes Into Bronx Pizza Shop To Avoid Collision
The driver of a sport-utility vehicle crashed into a pizza shop on Monday as he tried to avoid an accident with another vehicle. The accident took place on January 2nd, at Kappock Street and Netherland Avenue in the Bronx. The crash happened as the driver tried to make a left turn when the driver of a black vehicle came toward him and almost crashed into him. In order to avoid a head-on collision, he had to drive into the pizza shop. Fortunately, no-one was seriously injured in the pizza shop as well as the hair salon next door and neither were the four passengers in the SUV.
December 14, 2016- Bronx Shooting Leaves A 26-Year-Old Man Dead
An argument between two men in an apartment on E. 163rd St. in Longwood, Bronx left one man dead after he was shot by an unidentified older man he was arguing with. According to police, the 26-year-old man was fatally shot in the head and died at the scene of the accident. The 63-year-old shooter suffered a slash wound to his arm. The suspect has charges pending against him.
November 25, 2016- Thanksgiving Day Crash Leaves Five People In Hospital
On Thanksgiving Day, five people were taken to hospital following a car crash that sent one car over the curb on Fordham Road in University Heights. One of the cars involved in the accident was speeding and ran a red light according to witnesses. and the other car crashed into a pedestrian. A 13-year-old boy and his father were treated for chest pain from the accident impact. The five injured people were taken to St. Barnabas Hospital.
October 20, 2016- Medical Malpractice Case Receives $25 Million Judgement
A woman from Ansonia Connecticut was recently awarded nearly $25 million in a medical malpractice case. Her malpractice case was due to the loss of the lower part of one of her legs due to a clot. In 2009 she suffered an asthma attack that led to her being hospitalized, which also led to the discovery of a blood clot in her leg. Instead of being treated, her doctor sent her home and her condition got worse to the extent where she needed to have her leg amputated below the knee.
September 16, 2016- Cross Island Parkway Collision Kills Bronx Motorcyclist
Recently, a Bronx motorcyclist was killed after his motorcycle crashed on a Queens Parkway. The 26-year-old victim was reported to be heading north in his Suzuki motorbike on the Cross Island Parkway late at night when he attempted to switch lanes and instead ended up striking a BMW. According to officials, the motorcycle veered onto the guard rail as the man was ejected from the motorcycle. He could not be saved after he was taken to Flushing Hospital. The driver of the BMW was not charged immediately.
August 5, 2016- Cab T-Bones A Minivan, Injures Five People
A livery cab T-boned a minivan in the Bronx and injured five people. The cab is reported to have slammed into the minivan causing the van to run over a city tree. The minivan landed on the sidewalk in front of a community center. Both vehicles ended up with front-end damage.
July 8, 2016- Driver Dies After Crashing Into A House In The Bronx
On early Sunday morning, July 3rd a driver crashed through a metal fence and slammed into a home in the Bronx. The driver died at the scene of the accident with severe trauma to his body. According to the police, there was no one else in the car with the driver at the time of the crash and there were no other reported injuries. The crash is being investigated.
June 3, 2016- 3-Year-Old Girl Dies After Being Struck By A Car
A 3-year-old girl was recently struck and killed by a car near her home in the Bronx as she was walking to school with her mother. She was struck around 8 a.m. at East 164th Street and Gerard Avenue by a driver who was turning left onto 164th Street. The 21-year-old driver of the car stayed on the scene of the accident and no arrests were made.
May 4, 2016- Medical Errors Are The Third Leading Cause Of Death In The U.S.
A new study from a Johns Hopkins medical school professor has stated that nearly 250,000 people die due to medical errors in America. This study is the second to attest to the problem of medical errors causing death and being the third leading cause of death in America. The study also states that medical errors potentially kill more people in comparison to lower respiratory diseases like emphysema and bronchitis.
April 19, 2016- South Jersey Woman Awarded Nearly $700,000 In Police Brutality Lawsuit
A South Jersey woman who alleged that her civil rights were violated when she was arrested by Bridgeton police, has been awarded almost $700,000 to settle a police brutality lawsuit. A dashcam video of the incident shows the woman being pulled from her car, then pepper-sprayed and pulled to the ground by police officers. However, Bridgeton does not admit to any wrongdoing in the case settlement.
March 10, 2016- New York Crane Collapse Victim’s Widow To File Lawsuit
A crane accident that took place on February 5, 2016, in New York City, left stock market mathematician, David Wichs dead. His widow Rebecca Wichs, plans to file a lawsuit over his death. An affidavit filed with the court states that David Wichs’ estate “will be initiating a wrongful death” lawsuit. Under New York State law, wrongful-death lawsuits should be filed within two years of death.